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Non-Delegation Doctrine Regulatory Authority

Fisher Phillips

SCOTUS Will Soon Decide the Fate of E-Rate Program: Could Schools Lose Their Tech Funding?

Fisher Phillips on

The U.S. Supreme Court recently heard argument on an important case that has the potential to upend a significant source of technology funding for school systems throughout the country. The FCC v. Consumers’ Research case,...more

Montgomery McCracken

Challenge to State Regulatory Rules Offering Protections for LGBTQ+ Students Filed in Pennsylvania Commonwealth Court

Montgomery McCracken on

When we wrote in August about the impact of the Supreme Court’s Loper-Bright decision on the various federal district court rulings invalidating the Department of Education’s 2024 Title IX regulations, we reminded readers...more

Blank Rome LLP

State Tax Policy - The Fine Line Between Delegation and Abdication

Blank Rome LLP on

As is true of the U.S. government, within the executive branch of state governments live administrative agencies, which state legislatures have vested with powers to implement and enforce the laws enacted by state...more

Carlton Fields

Move Over Loper Bright — Nondelegation Doctrine Is Administrative State’s New Battleground

Carlton Fields on

Last term’s opinion in Loper Bright Enterprises v. Raimondo was a landmark in the U.S. Supreme Court’s administrative law jurisprudence, overturning 40 years of Chevron deference with a pen stroke. The Loper Bright/Chevron...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Rejects Constitutional Challenge to OSHA's Rulemaking Authority

Under constitutional law, the nondelegation doctrine prevents Congress from adopting laws that give administrative agencies overly broad discretion to adopt regulations that usurp its legislative authority. Recently, the...more

Carlton Fields

The Hits Keep Coming for FINRA, Closing Out a Brutal Summer

Carlton Fields on

It’s not just the New York Yankees that wish they could put the summer behind them. We previously wrote about the shocking blow the D.C. Circuit Court of Appeals dealt FINRA in early July by enjoining the self-regulatory...more

(ACOEL) | American College of Environmental...

The Ministry of Major Questions Is Open for Business

Now that Congress knows there is such a thing as the Major Questions Doctrine, what can Congress do about it? Think big or go home. In West Virginia v EPA, the Supreme Court faulted the EPA’s plan for shifting electric...more

Eversheds Sutherland (US) LLP

Supreme Court decides West Virginia v. EPA, limits EPA authority in narrow opinion

On Thursday, June 30, 2022, the United States Supreme Court issued its decision in West Virginia v. EPA, striking down the Obama-era Clean Power Plan (CPP) and limiting the Environmental Protection Agency’s (EPA’s) authority...more

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